While our readers are keenly aware of federal telemarketing regulations, most notably the Telephone Consumer Protection Act (“TCPA”), fewer readers likely know about the various “mini-TCPA” laws that exist in numerous states. On September 1, 2025, Texas’ amendments to its mini-TCPA are slated to take effect, and these amendments significantly impact telemarketing in the State of Texas. Below, we highlight the amendments to Texas’ telemarketing law, and their implications for future telemarketing in the State.
Changes to Texas’ Telemarketing Regulations
Texas’ telemarketing amendments significantly affect companies engaged in text message marketing. Text messages and multimedia messages are now explicitly included in the amended definition of “telephone solicitation.” Prior to Texas’ recent telemarketing amendments, only entities engaged in telephone call solicitations were required to register with Texas’ Secretary of State. Beginning September 1, 2025, the registration requirements extend to companies conducting text message marketing as well. As such, said companies should consider, among other things:
- Registering with the Texas Secretary of State by filing a registration statement, paying the $200 filing fee, and tendering a security bond in the amount of $10,000;
- Disclosing certain names, addresses, telephone numbers, and organizational information in submitting the registration statement; and
- Disclosing various pieces of information, including, among other things, the complete street address of the location from which the marketer is delivering commercial messaging in the registration statement.
Absent an applicable enumerated exemption, failure to comply with Texas’ telemarketing registration requirements may result in, among other things, civil penalties of $5,000 per violation under Texas’ Deceptive Trade Practices Act (“DTPA”).
Additionally, Texas’ telemarketing amendments now make violations of Texas’ core telemarketing requirements (e.g., calls/texts made without consent or calls/texts to consumers on do-not-call registries) violations of the DTPA. Prior to the amendments, aggrieved consumers had to satisfy certain administrative requirements before initiating a private lawsuit. Now, consumers may bring a private action without satisfying these administrative requirements. The DTPA permits the recovery of: (1) actual damages; (2) mental anguish damages; (3) up to three times economic and mental anguish damages when the conduct is intentional; and (4) reasonable attorneys’ fees and costs. Similarly, Texas’ telemarketing amendments allow claimants to obtain successive recoveries. In other words, a claimant’s prior recovery in a private action does not preclude that same claimant from future recoveries for violations of Texas’ telemarketing law.
What Do Texas’ Telemarketing Changes Mean For Your Business?
One exemption from Texas’ registration requirements is for companies soliciting business from former or current customers that have operated under the same business names for at least two years. Although there are additional exemptions from the registration requirements, there is no articulated exemption for companies that contact consumers who have registered on their websites and provided 1-to-1 prior express written consent to be contacted by telephone. Because the term “customer” is undefined (and there is no state-level guidance thus far) and given the broad definition of “telephone solicitation” under the law, it is unclear whether companies that have such prior express written consent to contact Texas consumers are really engaging in telemarketing or telephone solicitation within the meaning of the law. With that said, the statute explicitly states on its face that it will be “construed liberally to protect persons against false, misleading, or deceptive practices in the telephone solicitation business.” As such, companies that decide not to register run the risk of violating Texas’ telemarketing registration requirements.
The above is not meant to be an exhaustive analysis of the sweeping changes to Texas’ telemarketing regulations, but it highlights some of the more significant changes that will become effective on September 1, 2025. Given the imminent effective date, if your company engages in telemarketing in Texas, you should: (1) determine your company’s and any affiliates’ registration status; (2) update agreements and policies; (3) examine your consent and disclosure practices; and (4) designate a single point of contact to manage any registration efforts and to oversee compliance.
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